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Competition Act 1998, Section 8 is up to date with all changes known to be in force on or before 25 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Before making a recommendation under section 6(1), the [F1CMA] must—
(a)publish details of [F2its] proposed recommendation in such a way as [F2it] thinks most suitable for bringing it to the attention of those likely to be affected; and
(b)consider any representations about it which are made to [F2it].
(2)If the Secretary of State proposes to give effect to such a recommendation subject to modifications, he must inform the [F1CMA] of the proposed modifications and take into account any comments made by the [F1CMA] .
(3)If, in the opinion of the [F1CMA] , it is appropriate to vary or revoke a block exemption order [F3it] may make a recommendation to that effect to the Secretary of State.
(4)Subsection (1) also applies to any proposed recommendation under subsection (3).
(5)Before exercising [F2its] power to vary or revoke a block exemption order (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—
(a)inform the [F4CMA] of the proposed variation or revocation; and
(b)take into account any comments made by the [F4CMA] .
(6)A block exemption order may provide for a block exemption to have effect from a date earlier than that on which the order is made.
Textual Amendments
F1Word in s. 8(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 3 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Word in s. 8(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(7)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3Word in s. 8(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(7)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F4Word in s. 8(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 3 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C1S. 8 applied (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22
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